§11-173.5 - Contests for cause in primary, special primary elections, and county elections held concurrently with a regularly scheduled primary or special primary election.
§11-173.5 Contests for cause in primary,special primary elections, and county elections held concurrently with aregularly scheduled primary or special primary election. (a) In primaryand special primary election contests, and county election contests heldconcurrently with a regularly scheduled primary or special primary election,the complaint shall be filed in the office of the clerk of the supreme courtnot later than 4:30 p.m. on the sixth day after a primary or special primaryelection, or county election contests held concurrently with a regularlyscheduled primary or special primary election, and shall be accompanied by adeposit for costs of court as established by rules of the supreme court. Theclerk shall issue to the defendants named in the complaint a summons to appearbefore the supreme court not later than 4:30 p.m. on the fifth day afterservice thereof.
(b) In primary and special primary electioncontests, and county election contests held concurrently with a regularlyscheduled primary or special primary election, the court shall hear the contestin a summary manner and at the hearing the court shall cause the evidence to bereduced to writing and shall not later than 4:30 p.m. on the fourth day afterthe return give judgment fully stating all findings of fact and of law. Thejudgment shall decide what candidate was nominated or elected, as the case maybe, in the manner presented by the petition, and a certified copy of thejudgment shall forthwith be served on the chief election officer or the countyclerk, as the case may be, who shall place the name of the candidate declaredto be nominated on the ballot for the forthcoming general, special general, orrunoff election. The judgment shall be conclusive of the right of the candidateso declared to be nominated; provided that this subsection shall not operate toamend or repeal section 12-41. [L 1973, c 217, §1(aaa); am L 1974, c 34, §1(c);am L 1979, c 133, §5; am L 1998, c 22, §2]
Rules of Court
Collection of costs and fees by appellate clerk, see HRAPrule 45(e).